Thursday, September 13, 2012

Colorado Court of Appeals People in the Interest of K.W. 11CA1951

Decision here.

   This one is barely worth mentioning, but since this issue made it to an appellate court...

   K.W. is a juvenile who was threatening other kids at school.  The kids she was threatening went to a security guard for protection, and then K.W. and her friend approached them and started acting aggressively towards them.  The security guard pushed K.W. back, and K.W. shouted "Fuck you!" at the guard repeatedly.  Neither the guard nor the other students present were particularly offended by this phrase.  K.W. was eventually convicted of disorderly conduct, under the subsection that reads "A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace."  K.W. argued that since no breach of the peace actually occurred following her coarse and obviously offensive utterances, the evidence was insufficient to support this conviction.

   The court of appeals held that K.W.'s behavior at the time of the incident indicated an intent to breach the peace.  The fact that no further breach occurred changes nothing.  Conviction (or adjudication of delinquency, really) upheld.

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